Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
Detailed Answer: Appointing an Administrator in California for an Intestate Estate
When someone dies without a valid will in California, the court calls this an intestate death. To manage the decedent’s assets, the probate court appoints an administrator under California Probate Code §8461. The administrator collects assets, pays debts, and distributes the estate according to intestate succession rules in Probate Code §6401 et seq.
1. Eligibility and Priority of Appointment
California law sets a strict order of preference for who may serve:
- Spouse or registered domestic partner (if entitled to the entire estate)
- Children or grandchildren
- Parents
- Siblings
- Other next of kin (§8462: Prob. Code §8462)
- Creditors or public administrator (last resort)
To qualify, a nominee generally must be at least 18 years old, a U.S. resident, and not disqualified by felony conviction or incapacity (Prob. Code §8461).
2. Filing the Petition
Begin by filing a Petition for Probate (Form DE-111) in the county where the decedent lived. The petition must:
- Identify the decedent and alleged heirs
- State the value of the estate
- Name the proposed administrator
- Request issuance of Letters of Administration
Attach the death certificate, an heirship affidavit or family tree, and the required filing fee.
3. Notice and Bond Requirements
After filing, you must:
- Serve notice on all heirs and beneficiaries at least 15 days before the hearing
- Publish a court notice once in a local newspaper if real property is involved
The court may require the administrator to post a bond to protect the estate. Under Prob. Code §8480, bond can be waived if all heirs consent and the estate value is below statutory limits.
4. Court Hearing and Issuance of Letters
At the hearing, the judge confirms eligibility, hears objections, and decides whether to issue Letters of Administration. If approved, the court clerk issues official “Letters” that grant the administrator authority to act on behalf of the estate.
5. Administering the Estate
Once appointed, the administrator must:
- Collect and safeguard assets
- Notify creditors and pay valid claims
- File an inventory and appraisal
- Distribute assets per intestate succession (Prob. Code §6401 et seq.)
- File final account and petition for distribution
Helpful Hints
- Gather the decedent’s vital records (death certificate, family records).
- Identify all potential heirs before filing the petition.
- Consider waiving bond if all heirs agree to save costs.
- Check local court rules for specific procedural requirements.
- Keep clear records of notices, receipts, and distributions.
- Consult a probate court self-help center or attorney for complex estates.